Even if the prospect of deportation is a relevant mitigating factor in sentencing, there must be evidence enabling a sensible quantification of the risk that deportation will in fact occur and proof that deportation would in fact be a hardship during imprisonment. The question of whether deportation prospect is a relevant mitigating factor in South Australia remains unresolved, with R v Zhang [2017] SASCFC 5 (adopting the Queensland/Victorian approach) potentially decided per incuriam given the earlier contrary decision in R v Berlinsky [2005] SASC 316.
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